Biodiesel Yields Sample Clauses

Biodiesel Yields. (a) To the extent that Feedstock supplied by Bunge meets the Feedstock Quality Standards, Soy will produce at least the Minimum Yield of Biodiesel meeting the Biodiesel Quality Standards from such Feedstock. The “Minimum Yield” of Biodiesel shall be one gallon of Biodiesel produced from *** pounds of Feedstock processed in accordance with Section 2.1, unless otherwise agreed by the parties in a Monthly Delivery Schedule. (b) Soy will immediately notify Bunge (a “Nonconforming Feedstock Notice”) if it reasonably determines that any Feedstock supplied by Bunge does not meet the Feedstock Quality Standards (“Nonconforming Feedstock”), provided that if Soy has not given a Nonconforming Feedstock Notice within one business days after Feedstock is delivered to the Soy Facility, then Soy will have waived its ability to claim that such Feedstock is Nonconforming Feedstock. If Bunge disagrees with a Nonconforming Feedstock Notice, then the Parties will agree upon a third party to analyze the Feedstock, and such third party's determination regarding compliance with the Feedstock Quality Standards will govern. If any delivered Feedstock is Nonconforming Feedstock, the Parties will agree upon a revised Minimum Yield for such Nonconforming Feedstock; provided that if the Parties are unable to agree upon a revised Minimum Yield, Bunge shall remove the Nonconforming Feedstock from the Soy Facility and such costs of removal shall be included as Transaction Costs (as defined below). *** Confidential material redacted and filed separately with the Commission. (c) If Soy produces a quantity of Biodiesel in excess of the Minimum Yield from a given quantity of Feedstock, Bunge will own such excess quantity of Biodiesel (and Soy will be compensated with respect to such excess quantity under the provisions of Article 4). (d) If on the last day of the period of time set forth in the applicable Monthly Delivery Schedule, Soy fails to produce a quantity of Biodiesel (or replacement methyl ester of the same type as the applicable Biodiesel) equal to or greater than the applicable Minimum Yield per pound of Feedstock that meets the Biodiesel Quality Standards, then Soy will pay to Bunge an amount (the “Makewhole Amount”) equal to the product of: (i) the difference between the applicable Minimum Yield and the quantity of Biodiesel actually produced by Soy that met the Biodiesel Quality Standards (such difference, the “Shortfall Quantity”) multiplied by (ii) the Market Price. Additiona...